Is it possible to revive a reexamination proceeding based on unavoidable delay?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, it is no longer possible to revive a reexamination proceeding based on unavoidable delay. The MPEP clearly states: “ 37 CFR 1.137 was revised to implement the changes in the Patent Law Treaties Implementation Act of 2012 (PLTIA) to eliminate revival of an abandoned application and reexamination prosecution terminated under § 1.550(d) under the ‘unavoidable’ standard, and to provide for the revival of abandoned applications and the acceptance of delayed responses in reexamination by patent owners on the basis of unintentional delay.” This change was effective on December 18, 2013, and applies to all reexamination proceedings, regardless of their filing date. The only basis for revival is now unintentional delay. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition for Reviving Abandoned Application Due to Unintentional Delay MPEP 2268 Permitted Unintentional Delay Petition to Revive Reexamination MPEP 2268 Permitted Unintentional Delay Revives Ex Parte Reexamination MPEP 2268 Permitted Unintentional Delay Fee Applies to Reexamination MPEP 2268 Petition for Ex Parte Reexamination Must Include Reply, Fee, and Unintentional Delay Statement MPEP 2268 Required Unintentional Delay for Patent Reinstatement MPEP 2268 Unintentionally Delayed Response in Reexamination Allowed MPEP 2268 Unintentional Delay Statement for Revival Petition MPEP 2268 Required Unintentional Delay Revival Allowed MPEP 2268 Office Authority to Revive Unintentionally Abandoned Applications in Reexamination MPEP 2268 Other Related FAQs 5 FAQs Collapse What is the time limit for requesting reconsideration of a decision on a petition to revive a reexamination proceeding? What is the process fo...